South Carolina Car Seat Laws

South Carolina has car seat laws that drivers in the state must know and follow. The Aiken car accident attorney at Braithwaite McMillian Grimes explains South Carolina car seat laws and how they may apply if you are in an accident.

What Are the South Carolina Car Seat Laws?

South Carolina Code § 56-5-6410 is the state’s car seat law. Requirements are based on the age and size of the child. The youngest and smallest children must use rear-facing car seats, while older children may use a booster seat or adult car seat.

At a Glance – South Carolina Car Seat Laws

Age of Child	Requirements	Back Seat?
Under 2 years	Rear facing	Yes
Ages 2-4	Forward facing	Yes
Ages 4-8	Booster seat	Yes
Ages 8+ or 57”	Adult seat belt	Optional

South Carolina car seat laws for children under 2 years old

A child under the age of two must be secured in a rear-facing car seat. They must travel in the back seat of the vehicle. They must continue to use a rear-facing car seat until they exceed the height and weight limitations set by the manufacturer.

2-4 years old

A child 2-4 years old must be placed in a forward-facing car seat. They must travel in the back seat of the vehicle. They must continue to use the car seat until they exceed the height and weight limitations set by the manufacturer.

4-8 years old

A child 4-8 years old must use a booster seat. They must travel in the back seat of the vehicle. A child must continue to use a booster seat until they can correctly use an adult seat belt.

8 years old or over 57 inches tall

A child who is eight years old or 57” or taller may use an adult car seat if they can be properly secured. To be properly secured:

The seatbelt must fit across the child’s thighs and hips, rather than their abdomen.
The seat belt must cross the center of the child’s chest, not their neck.
The child must be able to sit with their back straight against the seat back with their knees over the seat edge. They must be able to do so without slouching.

Applicability of South Carolina Car Seat Laws

What vehicles does the South Carolina car seat law apply to?

Cars
Trucks
Vans
Recreational vehicles

Is the driver of the motor vehicle or the parent responsible for making sure a child is in their car seat?

The driver of a motor vehicle is responsible for making sure a child is in a car seat even if they are not the child’s parent.

Are there exceptions to the South Carolina car seat law?

Yes. Exceptions to the South Carolina car seat law include:

Taxis
Emergency vehicles in an emergency
Church vehicles
Daycare vehicles
School busses
Public transits
Commercial vehicles

A driver operating a vehicle that is exempt is not in violation of the law if a child is not restrained in an appropriate car seat.

Does the South Carolina car seat law apply to taxis?

No. Taxis are exempt from the South Carolina car seat law. The law that creates the exemption is S.C. Code § 56-5-6440.

Does the South Carolina car seat law apply to Uber and Lyft?

Yes. Ubers and Lyfts are generally considered passenger vehicles. A person driving for Uber or Lyft must ensure that their passengers are secured in the appropriate car seats.

Can you get a medical exception to the South Carolina car seat law?

A child with special medical needs may use a car seat that is appropriate for them. They must still use a restraint, but it may be one that is specific to their needs. The child must have their medical need substantiated by their medical care provider.

Do car seats have to be approved by the National Highway Traffic Safety Administration?

Yes. Under the South Carolina car seat law, to meet the requirement of being “properly” secured, the child’s car seat must be NHTSA approved.

What if the back seat is full or there is no back seat?

If there is no back seat or it is full of children under age eight, the driver may transport a child in the front seat. For the back seat to be considered full, every seat must be taken by a child under eight. Adults must ride up front so a child can have the back seat, if possible.

Fines and Penalties for Car Seat Law Violations

What is the penalty for a car seat violation in South Carolina?

A person in violation of the South Carolina car seat law may be fined up to $150. (S.C. Code § 56-5-6450.)

Is there a way to get the South Carolina car seat fine waived?

If you purchase, acquire or rent the appropriate car seat by the appearance date on the summons, the court must waive the fine.

Can you be arrested for violating the South Carolina car seat law?

Law enforcement may issue a summons for a person who fails to comply with the South Carolina car seat law. They may not arrest the person or take them into custody. However, they may issue a warrant for failing to appear in court or failing to pay a fine.

Car Seat Violations, Negligence, and Compensation

In South Carolina, is it negligence in a personal injury case that a child was not secured in a car seat?

Under South Carolina Code § 56-5-6460, failing to secure a child in a car seat is not admissible as evidence in a trial or civil action. It is not considered negligence, negligence per see, or contributory negligence

State laws vary on how failing to have a child secured in the appropriate car seat is treated in a personal injury claim. The law in your state may be different.

Lawyer for Car Accidents Involving a Child

If you have questions about your situation, you can talk to a personal injury lawyer. Braithwaite McMillian Grimes handles many types of personal injury cases. At your consultation, we can answer your questions and explain how our legal services may help. Contact us today to begin.